AN attempt by the Federal Bureau of Investigations (FBI) and the Ghana Police to arrest a Ghanaian accountant and extradite him to the United States to testify in a tax offence case against his former employer has been foiled by an Accra High Court.
The Ghanaian, Mr Kodjo Djimini, flew back home after receiving death threats from his former employers because the FBI had refused to give him protection as a prosecution witness. He was however arrested by the police and detained at the police headquarters in a purported execution of an arrest warrant allegedly obtained from the US.
But the police say that they received a “red alert” warrant from a court in the USA for the extradition of the accountant, and that due process had to be followed since Ghana and the USA have a common extradition agreement.
Deputy Director of the Criminal Investigations Department (CID) of the Ghana Police Service, DCOP Patrick Timbillah, described as false claims by Djimini that he was arrested without a warrant.
DCOP Timbillah said Djimini had to be located and sent to court to be granted bail to enable the extradition process to be completed.
Following a swift motion ex -parte for an order of Habeas Corpus filed by Alhaji Musah Ahmed on behalf of Mr Djimini against the Attorney General, Inspector General of Police (IGP) and Director of Criminal Investigations Department (CID) for his arrest and detention without bail or trial on June 21, 2007, the court on June 22, 2007 ordered his release.
The court ordered the defendants to produce Mr Djimini on June 25 to show why he was being detained and when the Attorney General obliged the court was not convinced as to why the applicant was being detained.
In his affidavit in support of the motion, Mr Djimini said he was a Ghanaian by birth and nationality and that prior to his arrival in Ghana recently, he was resident in the USA and engaged in the lawful pursuit of his profession as an accountant.
He said back in the USA, he worked for several companies, one of which was later found to have engaged in tax related offences.
“Subsequently, I was invited as a former accountant of the said company to testify on behalf of the prosecution against the said company for tax related charges”, he said.
According to him, he agreed and asked for witness protection from the FBI.However, when it became obvious that they were unable to give him protection after several threatening calls were received by him that he risked his life if he went to testify.
Mr Djimini said that all efforts to get the FBI to protect him yielded no results and as a result he was left with no other option than to leave the USA for his native country.
He said that he was arrested by the deputy Director of CID under the instructions of the IGP and detained at the police headquarters in purported execution of an arrest warrant obtained from the USA.
“I have not been served with any process or order from any court. That I am not aware of any lawful reason for my detention at the Police Headquarters and that the true object of my extradition is to punish me for no reason at all”, he said.
According to him, his arrest and detention were unlawful as no prima facie case had been made against him while there was no evidence whatsoever to link him to any offence allegedly committed in the USA.
He said since the extradition being sought against him was not in good faith, not in the interest of justice with regard to the death threats against him in the USA, the court could order his release from police cells.
At the last hearing of the case, there was no representation from the Attorney General’s Department and therefore, the case was adjourned until July 26, 2007.
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I was just googling my ex accountant and wondering why I have paid him for services that I now have to pay for again including several years of tax services that he claimed were completed and in fact were not at all completed. In addition to paying a new accountant a second time around to do the service Mr. Kodjo was supposed to have provided me for the years I trusted him in good faith, I also have some enfuriating interest that has accumulated. I am a hard working woman on my own, and this situation that could have been easily communicated about now leaves me an unsatisfactory and frustrating tax and financial situation. I feel it would be fair for Mr. Kodjo to pay for the interest and also recalculate his charges to me which were quite steep the more money I made. If Mr. Kodjo happens to read this, do the right thing and compensate me for the interest and return the money you owe me. That will satisfy me and alleviate the situation and in a world of 'sue-happy' people, it is an ancredibly compassionate and fair demand and a window of opportunity to return to sacred business practice.
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